As you probably know, last year, Md. R. 1-322.1 formalized the requirement for counsel to redact personal identifier information “in any electronic or paper filing with a court.” We are alerting our clients, practicing in Maryland appellate courts, of this rule so that they can identify sensitive information, such as social security numbers and financial or medical information for us to redact prior to filing. Please be advised that now Md. R. 1-322.2 requires a certificate of compliance with this requirement. The signed certification should be part of the document or attached to it.

The rule (1-322.2(b)) states that the clerk “shall not accept for filing” any filing missing a certificate of compliance. We suggest that counsel update their firm’s standard certificate of services form now, so the additional certification is included at the bottom of the page and not forgotten in a last-minute rush.

Maryland rules are available at LexisNexis, at no charge, via this link: Maryland Rules.

UPDATE: As of June 20, 2014
The Maryland Court of Appeals just issued an order deferring the effective date of Md. R. 1-322.2 until September 1, 2014. The Rules Committe met June 19th to consider possible amendments or clarifications to the scope of rules 1-322.1 and 1-322.2. According to a report in The Daily Record, the Rules Committee voted to repeal 1-322.2. The Committee’s recommendations will go to the Court of Appeals for a final decision on the certification requirements.

For your reference, here are some useful links:

• Text of the order changing the effective date: click here
• Agenda for the meeting and the concerns of the Rules Committee: click here
• The Daily Record article covering this topic: click here

Please contact me with any questions regarding preparing and filing any appeal. Counsel Press provides a full spectrum of appellate services. Our Washington, DC office focuses on rule-compliant appellate filings in the Maryland, DC and Virginia state and district courts, as well as the D.C. Court of Appeals, 4th Circuit Court of Appeals and Federal Circuit Court of Appeals. We offer unparalleled in-depth expertise nationwide in all state & federal courts through our local offices.

Tagged: Appellate Practice, Appellate Services, The Maryland Court of Appeals, Litigation